Section 9: Elderly Persons’ Protection Order

9. Elderly Persons’ Protection Order (1) Where a Court is satisfied by information on oath that the officer-incharge of the Unit has reasonable cause to believe that an elderly person has suffered, is suffering or is likely to suffer an act of abuse, the Court shall issue an elderly persons’ protection order restraining the respondent from engaging in any conduct which may constitute an act of abuse and ordering him to be of good behaviour towards the elderly person. [Issue 9] P45 – 6 Revised Laws of Mauritius (2) The information on oath referred to in subsection (1) and the elderly persons’ protection order shall be in such form as may be prescribed. (3) On an application being made for an elderly person’s protection order, the Court shall cause notice of the application to be served on the respondent requiring him to appear before the Court on such day as may be specified in the notice, not being later than 14 days after the date of the application, to show cause why the order applied for should not be made. (4) An application for an elderly person’s protection order shall be heard as a civil case between the parties. (5) Where the Court is satisfied that there is a serious risk of harm being caused to the elderly person before the application may be heard and that the circumstances revealed in the application are such as to warrant the intervention of the Court even before the respondent is heard, the Court may— (a) issue an interim elderly person’s protection order in such form as may prescribed, restraining the respondent from engaging in any conduct which may constitute an act of abuse and ordering him to be of good behaviour towards the elderly person; (b) order the Commissioner of Police to provide police protection to the elderly person until such time as the interim order is served on the respondent or for such time as the particular circumstances of the case may justify. (6) Where an interim elderly person’s protection order is issued, the District Clerk shall immediately take steps to have a copy of the order served on the respondent requiring him to appear before the Court on such day as the order may specify to show cause why it should not be confirmed, varied or discharged. (7) An interim elderly person’s protection order shall, unless the Court directs otherwise, remain in force until such time as the Court makes a final pronouncement on the application for the elderly persons’ protection order. (8) (a) Where an elderly person’s protection order is in force, either party may apply in Court for a variation or revocation of the order. (b) The party applying for the variation or revocation of the order shall cause a copy of the application to be served on the other party. (S. 9 not in operation.)